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HomeMy WebLinkAboutC22-154 Dominion Voting Systems_First AmendmentDominion Voting Systems Inc. Voting System Purchase Agreement Amendment 1 - Eagle County, CO Page 1 of 3 FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DOMINION VOTING SYSTEMS, INC. AND EAGLE COUNTY, CO THIS FIRST AMENDMENT (“First Amendment”) is effective as of the March 1, 2022 by and between Dominion Voting Systems, Inc., a Delaware corporation, (hereinafter “Consultant” or “Dominion”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, on March 22, 2016, the County and Dominion entered into the Voting System Agreement by and between Dominion Voting Systems, Inc. and Eagle County, CO (the “Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation; and WHEREAS, the County and Dominion desire to have Dominion perform additional Services for additional compensation as set forth below; WHEREAS, the parties desire to extend the term for an additional year. FIRST AMENDMENT NOW THEREFORE, in consideration of the mutual covenants and obligations herein contained, and other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the County and Dominion agree as follows: 1.The Original Agreement shall be amended to include additional Products and Services as described in Exhibit A-1, which is attached hereto and incorporated herein by reference. 2.The compensation for the additional Services set forth in Exhibit A-1 shall not exceed $375 per year. The compensation fo the additional Products set forth in Exhibit A-1 shall not exceed $5,850.00, which has already been paid by the County. 3.Recitals Incorporated. The above recitals are true and correct and incorporated herein by this reference as if fully set forth. 4.Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID: 0E3A24E3-34CA-4FCF-B209-400052FD6765 Dominion Voting Systems Inc. Voting System Purchase Agreement Amendment 1 - Eagle County, CO Page 2 of 3 5. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, Customer and Dominion have executed this First Amendment on the day and year set forth above. COUNTY OF EAGLE, STATE OF COLORADO By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager Date: ______________________________ DOMINION VOTING SYSTEMS, INC. By: ______________________________ John Poulos, President & CEO Date: ______________________________ DocuSign Envelope ID: 0E3A24E3-34CA-4FCF-B209-400052FD6765 4/13/2022 4/13/2022 Dominion Voting Systems Inc. Voting System Purchase Agreement Amendment 1 - Eagle County, CO Page 3 of 3 EXHIBIT A-1 TO THE VOTING SYSTEM AGREEMENT BY AND BETWEEN DOMINION VOTING SYSTEMS AND EAGLE COUNTY, CO PRICING SUMMARY AND DELIVERABLES DESCRIPTION 1. Pricing Summary - Prices of equipment, technical facilities, software, and other related services for voting, vote counting, and result processing. All pricing in U.S. Dollars. Product/Service* Qty Unit Price Extension In-Person Voting: Polling Location Hardware MBP Kit #2 Portable High Volume (3490) 1 $5,800.00 $5,800.00 Sub-Total $5,800.00 Shipping Estimated Shipping 1 $50.00 $50.00 Sub-Total $50.00 PURCHASE TOTAL $5,850.00 * System components are subject to change dependent upon availability. An equivalent or superior component model, certified for use by the Customer’s state, may be substituted by Dominion. HARDWARE WARRANTY (Beginning March 1, 2022 and each renewal year thereafter. For software license and warranty fees, starting March 1, 2023, Dominion reserves the right to adjust the Annual Software License Fee within three percent (3%) of the then current fee.) Annual Hardware Warranty Qty Total MBP #2 OKI C712 Annual Hardware Wt 1 $375.00 Annual Total $375.00 2. Payment Schedule - Dominion shall provide invoices to the Customer as described below. The Customer shall pay invoices in a timely manner and no later than thirty (30) calendar days from receipt of a Dominion invoice. ID Payment Invoice Date Payment Amount 1 Equipment Delivery (previously paid) $5,850.00 2 Annual Hardware Warranty Fee (beginning March 1, 2022) $375.00 DocuSign Envelope ID: 0E3A24E3-34CA-4FCF-B209-400052FD6765